Law homework Due 28/11/11 A) The source refers to the literal rule. Describe the literal rule using the source and cases to illustrate your answer (15 Marks) The literal rule is where the courts will give their words a plain‚ ordinary or literal meaning‚ even if the result is not very sensible. It involves the judge applying the literal rule even if it results in absurdity. R v Judge of City of London Court (1892) in which Lord Esher said ‘If the words of an Act are clear then you must
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Obeying the law is a general moral obligation. Usually‚ laws are written from societal ethical codes; therefore the law can embody morality. Obeying the law usually implies the greatest good for the greatest number of people and therefore complies with Mill’s utilitarianism. Especially if the law reflects general morality or protects people from pain‚ such as the admonition against murder‚ utilitarian theorists would argue that obeying the law is a general moral obligation. However‚ there are certain
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Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury‚ the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that
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Common law reasoning and institutions Study Pack page 11 6 ‘The Judicial Practice of Precedent’ Adam Gearey Staff and students of the University of London External Laws Programme are reminded that copyright subsists in this extract and the work from which it was taken. This copy has been made under a licence from the Copyright Licensing Agency of the UK (www.cla.co.uk). Any digital or printed copy supplied to or made by you under the terms of this licence is for use in connection with this course
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how law is made and examine the purpose behind criminal law and civil law. Goodey and Silver (2012) define law as a set of rules created by the state which forms a framework to ensure a peaceful society. This essay will aim to describe how laws are made using parliament‚ common law and European law. It will also examine the purpose behind criminal law‚ laws created to protect society and to enforce punishment to those that don’t follow them. It will also examine the purpose behind Civil law‚ law
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Introduction Criminal law is much better known to laymen than civil law‚ as a result of journalists’ reports of famous criminal trials. In talking with people about law‚ I find that they often misapply principles from criminal law to situations in civil (e.g.‚ tort) law‚ which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal afnd civil law. In civil law‚ a private
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FOUNDATION CFC YOUTH FOR CHRIST CONSTITUTION AND BY-LAWS PREAMBLE We the students and members of CFC Youth for Christ in ANGELES UNIVERSITY FOUNDATION‚ Angeles City having experienced the Lord Jesus‚ touching and changing our lives‚ see the need of personally taking up the call of our Institute and of the Church to proclaim Christ’s message to all men and especially to our fellow students. In drawing up this Constitution and By-laws we put down in writing and signify our individual and
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DuBois’s statement is still valid today? Do you find that DuBois was correct in his prediction that issues of "race" and "ethnicity" would be at the center of American social‚ political and artistic developments? Or do you find that the interaction between "minorities" and "majorities" in the United States has taken on a lesser or different role than that which DuBois predicted? Write a formal‚ 5-paragraph essay in response to this question. Base your answer on your own observations - as well as on
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be identifies is whether there exist a valid agreement between Joyce and Rashid. The third issue that need to be identifies is whether the revocation of proposal made by Rashid is valid. The fourth issue will be the effect of a contract entered into with a bankrupt and what kind of remedies were there have for such contracts. Explanation of relevant law According to the Contracts Act 1950‚ under section 2(h)‚ an agreement enforceable by law is a contract. Furthermore‚ S. 2(h) of the Contracts Act
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Common law evolved over time as a judge made law (according to doctrine of precedent.) In common law the king was the head of the government. Common law was the law administered by the royal courts and as such a more standardised set of rules based on customary law was gradually enforced throughout the whole of England and countries derived from England. E.g. Australia‚ Canada New Zealand and the United States Common laws rules were too broad to deal with governing a society as complex as England
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